QUESTION
The ceiling fell at work can I sue my employer?
Asked on Dec 17th, 2012 on Personal Injury - Georgia
More details to this question:
The ceiling fell at work (very old building with water pipes in the ceiling) it did not hit me but I inhaled all the dust derbies there and after that I had short of breath and numbness as well I fainted at work and rushed to ER they said its panic attack.
15 ANSWERS
Ronald A. Steinberg
If you become ill or injured arising from your employment, then you have a workers compensation case. The comp insurance company is responsible for the reasonable charges for all necessary medical treatment, as well as your lost wages while you are incapable of working due to the injuries.
Answered on Dec 26th, 2012 at 1:13 PM
Elder Law Attorney serving Hollister, CA
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Charles R. Perry
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Any remedy you have is covered by Workers' Compensation, assuming you are an employee and your employer has paid for workers' compensation as is required by law. If you are indeed covered by Workers' Compensation, you cannot file a lawsuit in court.
Answered on Dec 20th, 2012 at 4:08 AM
Employment Law Attorney serving Malibu, CA
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Law Office of Mark J. Leonardo
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This would be a worker's compensation claim. You should contact a local worker's compensation attorney and get a free consultation.
Answered on Dec 20th, 2012 at 3:59 AM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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You cannot sue your employer, but may have a workers compensation claim. If the employer leases the building from someone else, you may have a suit against the owner of the building.
Answered on Dec 20th, 2012 at 3:58 AM
You should contact the state's Worker's Compensation Commission to see if you can file a work-related claim to be compensated for your injury and discomfort.
Answered on Dec 20th, 2012 at 3:57 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Worker's comp covers medical expenses and time out of work. You cannot sue your employer for negligence and damages for "pain and suffering" is not available. There may be another possibility, if there some party other than your employer who caused the accident, such as a janitorial company or repair service. Even so, from what you describe it does not sound as if there is enough of an injury to make recovery worth the effort.
Answered on Dec 19th, 2012 at 11:59 PM
Lisa Hurtado McDonnell
You have to be injured to sue for personal injury, but you can file a claim for reimbursement for medical expenses.
Answered on Dec 19th, 2012 at 6:42 AM
Chapter 13 Bankruptcy Attorney serving Winston-Salem, NC
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Love and Dillenbeck Law
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To sue you have to have injuries...plus you have to show you boss was at fault for the ceiling falling.
Answered on Dec 19th, 2012 at 6:32 AM
No, you may not sue your employer. Since this was an on the job injury, your remedies are limited to those under workers comp. Your employer should have a panel of physicians listed. You can go to any of the ones on their list. Absent unusual circumstances, you may not use your own doctor for a workers comp claim. I encourage you to see an attorney that handles workers comp. cases.
Answered on Dec 19th, 2012 at 6:21 AM
Theodore M. Roe
Your sole remedy is workers compensation. In Oregon you can only sue your employer for injuries you sustained on the job if you can prove that those injuries were intentionally inflicted.
Answered on Dec 19th, 2012 at 6:17 AM
Business Transactions Attorney serving Los Angeles, CA
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Doland & Fraade
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Your claim for injuries incurred on the job are with workers compensation, not direct suit. A workers compensation specialist will advise you whether you have additional non-workers compensation rights based on the very specific facts and evidence.
Answered on Dec 19th, 2012 at 6:09 AM
Insurance Law Attorney serving Gainesville, FL
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Steven Kalishman, P.A. Law Offices
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You can't sue your employer, but you can get worker's comp benefits. You could sue someone other than your employer or co-employees who was negligent in the installation, maintenance or manufacture of the ceiling.
Answered on Dec 19th, 2012 at 6:08 AM
Steven Lee Miller
You should speak with a workers compensation attorney. That is the general way injury claims against one's employer are made.
Answered on Dec 19th, 2012 at 6:02 AM
Thomas Edward Gates
You can file a L&I claim. Your "injuries" are minor and you will have a hard time finding anyone to take your case.
Answered on Dec 19th, 2012 at 6:01 AM
ERISA Attorney serving Alpharetta, GA
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The Sharman Law Firm
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File a worker's comp claim immediately with your employer.
Answered on Dec 19th, 2012 at 5:58 AM